A preliminary injunction is a court order issued before a decision is made to maintain the status quo. It is granted if it is necessary and the only way to achieve the desired objective. The person applying must demonstrate a strong chance of winning and that damages will be suffered without the injunction. The judge must balance the factors of the case and avoid infringing on the defendant’s rights. Once the trial is over, the judge can make the injunction permanent or cancel it.
A preliminary injunction is an injunction that is issued by the court, before a matter has been decided, in order to preserve the status quo for the litigants. Such an interim injunction is granted when one of the parties is able to satisfy the requirements for an injunction, showing that it is necessary and that it is the only way to achieve the desired objective. Judges are not required to grant injunctions and can decide that the situation does not merit one after reviewing the presentation of supporting evidence.
Injunctions are court orders that state that someone must immediately stop engaging in a certain activity or begin engaging in a certain activity, depending on the situation. In a simple example of a preliminary injunction, a judge might take action to prevent one party to a divorce from selling assets that belong to the couple. Similarly, a preliminary injunction might be issued in a lawsuit over dangerous or defective products to get the company to stop selling them until the case is decided.
The person applying for the preliminary injunction must demonstrate that they have a strong chance of winning, given the merits of the case, and that without the injunction, damages will be suffered. The injunction must also serve the public interest and demonstrably reduce the risk of harm. The judge will engage in an activity known as stock balancing, where the factors of the case are weighed against each other to determine whether or not granting the injunction is reasonable.
In granting a protective injunction, the judge must take care not to infringe on the defendant’s rights. Because injunctions inhibit personal activities, they can be interpreted as a denial of fundamental rights or even a barrier to due process. A judge frames the language of the injunction to make the restrictions very clear and avoid a situation where the party might argue that the right to a fair trial may have been curtailed by the injunction.
Once the trial is over and the matter is decided, the judge can choose to make the injunction permanent or to cancel it. In general, if the party who filed the injunction wins the case, the preliminary injunction will be made permanent and upheld. If the plaintiff loses, the injunction will be removed because the lawsuit has been established and there is no longer cause for the injunction.
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